On Wednesday, the European Parliament will have a debate on the Polish study of the alleged UN Committee on the Elimination of Discrimination of Women (CEDAW). In August of this year, the Committee has contravened the provisions of the Convention on the Elimination of All Forms of Discrimination of Women, including through the law limiting criminal practices of criminal prenatal murders or the application of a clause of conscience in the medical community.
United Nations officials claim to request Poland to accept abortion lies that the anticipation of impunityless murdering a kid in the womb is simply a "basic right". In the wake of specified a decision, there would be a failure to exercise criminal work towards those liable for this criminal act.
The Committee does not conclude its Hucpiar and curiosistic claims by "recommending" to guarantee that all women have full access to... sterilisation and education on something that has been described as "reproductive and sexual rights" (the "right" to kill children and sexual anarchy unfettered by any moral and legal restrictions).
The Ordo Iuris Institute sent a memorandum to the members of the European Parliament on the report. The experts of the Institute point out, among others, that the Committee has misinterpreted global law and has exceeded its competence. They show that global regulations reject the promotion of alleged abortion as a method of "family planning", and Polish pharmacists have the right to object to conscience.
On Wednesday 23 October the European Parliament will hold a debate on the CEDAW study on Poland.
– The CEDAW study on Poland not only raised the question of the request to liberalise abortion law, but clearly indicated that abortion should be considered as a fundamental right and decriminalized. This is another example of global force on our country to impose abroad moral and ethical standards on us. The Ordo Iuris Institute has for years pointed out that Polish law on the protection of human life since conception is compatible with natural law and principles of humanitarianism. Changes in this area lead to degradation of human dignity and open the way to another eugenic practices – says Julia Book from the Ordo Iuris global Law Center.
The Ordo Iuris Institute, in a memorandum for Euro MPs, emphasises that there is no "right to abortion" in any binding global treaty and argues that global law puts first the right to life, which has been enshrined in many global documents. The memorandum lists as examples the Universal Declaration of Human Rights, the global Covenant on civilian and Political Rights and the Convention on the Rights of the Child. Experts at the Ordo Iuris Institute point out that there is no evidence of "right to abortion" in binding global agreements.
The memorandum states that the alleged abortion as the alleged "human right" does not appear in any binding global treaty. At the same time, the right to life is recognised in a number of acts of global law (Common Declaration of Human Rights, Article 3; global Covenant on civilian and Political Rights, Article 6(1); Convention on the Rights of the Child, Preamble, point 9; Convention on the Rights of the Child, Article 6(1) and (2); global Conference on Population and Development, Chapter II, regulation 1; Madrid global Action Plan for the Elderly, Article 5).
The Institute besides indicated that there is no binding global law that would in any way mention to "sexual and reproductive rights". Furthermore, the European Court of Human Rights has never redefined or restricted the scope of Article 2 of the Convention on Human Rights (right to life). The ECHR indicated that abortion is not a right under the Convention and that it does not have a "right to abortion" or the right to execute it, and that the introduction by the State of a ban on the killing of children conceived in itself does not constitute a violation of the Convention.
The Ordo Iuris Institute besides analyses the issue of "abortion as a method of household planning". citing the papers of the global Conference on Population and improvement (ICPD) and resolutions adopted by the UN General Assembly, The Institute points out that global law rejects the anticipation of promoting prenatal murders as a method of "family planning". It was said in the ICPD Action Programme that "in no case should abortion be promoted as a method of household planning". The importance of providing women with measures to avoid unwanted pregnancy and support for those having had an abortion was further stressed.
The study besides referred to the question of the right of Polish pharmacists to a clause of conscience. Experts of the Ordo Iuris Institute emphasize that the Constitution of Poland guarantees them freedom of conscience as a law protected besides by global agreements. The Ordo Iuris Institute in the memorandum points out that the right to refuse to act on the basis of a clause of conscience is an integral and indispensable component of freedom of conscience which is guaranteed by both the constitutional law of the associate States (e.g. the Constitution of the Republic of Poland) and global treaties, in peculiar the global Covenant on civilian and Political Rights (Article 18) and the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 9).
The authors of the memorandum besides indicate that, in accordance with the Constitution of the Republic of Poland (Article 53), pharmacists besides have the right to a clause of conscience, and so the right to refuse to do specified an act which, in the light of their moral assessment, qualifies as wicked. This is due to the judgement of the Constitutional Court of 7 October 2015 (Event No K 12/14), which states: “The freedom of conscience must besides manifest itself in the anticipation of refusing to execute a legally imposed work on the grounds of scientific, spiritual or moral beliefs. The view that the right to a clause of conscience is based on the freedom of conscience and religion expressed in Article 53(1) of the Constitution is almost universally shared in doctrine (...). The anticipation of the individual to invoke a clause of conscience so protects not only the freedom of conscience, but besides the dignity of the human person, who is simply a natural and inalienable right."
The Court besides referred to the view that "the right to a clause of conscience would be granted only to doctors as their peculiar privilege." This view was challenged by the Court: “In the Court’s view, specified a view is in clear contradiction with the standards developed under global law, as indicated above, and with the rank granted to freedom under Article 53(1) of the Constitution. In their light, the right to a clause of conscience must be regarded as a primary law with respect to its limitations. This explanation was besides presented in the Constitutional Court's erstwhile case law, recognising the existence in the Polish legal strategy of the construction of a clause of conscience – in relation to doctors obliged to give a decision on the admissibility of abortion and the completion of a abortion procedure – even before it was officially codified in the laws of the legal rank (...). In the light of the reasoning of this judgment, there is no uncertainty that the law does not make a privilege for a doctor, since the freedom of conscience of all man is an first and inalienable category, for which only constitutional law and global regulations guarantee. The freedom of conscience, including its element, the clause of conscience, must so be respected regardless of whether there are laws supporting it." The deficiency of a applicable provision in the Pharmaceutical Law, the Pharmaceutical Professional Act or the Pharmacy Chambers Act does not constitute an argument for the argument that a pharmacist is not entitled to trust on a conscience clause.
The CEDAW Ideologists mistakenly pointed out that after the Constitutional Court's judgement of 22 October 2020, the number of baby deaths increased. This is contrary to data published by the Central Statistical Office, which indicate a decrease in the number of deaths of newborns between 2020 and 1923 compared to erstwhile periods. For example, in 2010, the death rate was 4.7, and in 2023 it fell to 3.9.
The study besides addressed the tragic death of Isabella S. from Pszczyna. The Institute's experts indicated that this death was most likely due to a medical error, as the audit carried out by the National wellness Fund showed serious irregularities in medical care over Isabella S., specified as the deficiency of constant monitoring of her condition and the commissioning of essential research, and the Regional Prosecutor's Office in Katowice decided to indict 3 doctors.
– A real aid to women who are in a hard situation with respect to pregnancy is to supply them with comprehensive support, both material and psychological, alternatively than legalising the killing of their children. We call for a firm defence of the current legal state and the rejection of any effort to impose on us ideologies contrary to the values on which the Polish legal order is based – summarizes Julia Books.
Source: Ordo Iuris / KAI Institute
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